LEVI J. HUNTER, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
LEVI J. HUNTER, PETITIONER,
FLORIDA PAROLE COMMISSION, RESPONDENT
772 So. 2d 577
Florida District Court of Appeal, First District (2000)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
In reviewing this case in accordance with Sheley v. Florida Parole Commission, 703 So. 2d 1202 (Fla. 1st DCA 1997) (criminal division en banc), approved, 720 So. 2d 216 (Fla.1998), we conclude that the circuit court afforded petitioner due process and properly denied the petition for writ of mandamus, because it failed to demonstrate a clear legal right to the relief requested or an indisputable legal duty on the part of the commission. The petition for writ of certiorari is therefore
DENIED.
ERVIN, LAWRENCE and PADOVANO, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gayson Mills v. State, 822 So. 2d 1284 (Fla. 2002)…, 1063 (Fla.1995) (holding that a defendant could receive a minimum mandatory sentence for possession of a firearm to run concurrently with a habitual felony offender sentence for offenses occurring within a single criminal episode); Perez v. State, 772 So. 2d 577, 577 (Fla. 1st DCA 2000) (“Also, we do not find that a double jeopardy violation occurred upon imposition of a habitual violent felony offender sentencing following the reclassification, pursuant to section 784.07, Florida Statutes (1997), of appell…
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Lavonte Diedrell Maxwell v. State, 803 So. 2d 815 (Fla. 5th DCA 2001)…reclassification of offense for use of firearm plus three year mandatory minimum for use of firearm does not violate double jeopardy); Spann v. State, 772 So. 2d 38 (Fla. 4th DCA 2000) (PRR sentence does not violate double jeopardy); Perez v. State, 772 So. 2d 577 (Fla. 1st DCA 2000) (imposing habitual violent felony offender sentence following reclassification of attempted robbery offense for use of firearm does not violate double jeopardy). In any event, we agree with the state that Maxwell failed to prese…
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Price v. State, 838 So. 2d 587 (Fla. 3d DCA 2003)…choose to impose a statutorily prescribed harsher sentence, if it so chooses. See State v. Swider, 799 So. 2d 388, 390 (Fla. 4th DCA 2001) (double jeopardy not violated where harsher sentence imposed after vacating illegal sentence); Perez v. State, 772 So. 2d 577, 577 (Fla. 1st DCA 2000) (imposing habitual violent felony offender sentence following reclassification [*589] of crime not violative of double jeopardy); Tapia v. State, 540 So. 2d 918, 919 (Fla. 2d DCA 1989) (resentencing court could use re-comput…
Authorities Cited
- Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)
- Sheley v. Fla. Parole Comm'n, 703 So. 2d 1202 (Fla. 1st DCA 1997)